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Criminal Law

: Tenth Circuit Blog

924(c) Conviction Based on Gun Under Pillow in Room With Pot Affirmed

By Shari Allison

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US v. Garza, No. 08-5040, 5/28/09 (published)- Conviction for possession of a firearm in furtherance of a drug-trafficking crime affirmed. No abuse of discretion in admitting cop?s expert testimony about how gun, found under a pillow in defendant?s bedroom along with pot and loaded with hollow-point bullets, related to defendant?s drug trafficking; no plain error in admission of this testimony, to the extent that it might have constituted an opinion as to defendant?s intent, because such error, if any, did not seriously affect the fairness, integrity, or public reputation of judicial proceedings; and evidence was sufficient to support conviction.

Full post as published by Tenth Circuit Blog on May 29, 2009 (boomark / email).

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